Background

President Nixon initiated the War on Drugs in the 1970s, which was designed to tighten security over the regulation, consumption, offenses, and accessibility of controlled substances. The War on Drugs and increased prosecution of drug-related offenses have disproportionately impacted minority populations. Schedule 1 drugs—substances that are considered to have the greatest risk of abuse and addiction—are heavily regulated by the government with strict limitations on the accessibility and consumption of the substances. Possession and consumption of Schedule I substances are a federal offense, and cannabis is considered to be a Schedule I substance. The Marijuana Opportunity Reinvestment and Expungement (MORE) Act would decriminalize marijuana nationally and establish the Opportunity Trust Fund (OTF) funded by the increase in cannabis tax from 5 to 8 percent over a five-year period. Half of the fund is used to support communities in their professional development, health education, and for legal aid. The other half of OTF is used to support individuals and businesses through health education programs, literacy programs, and professional development.

Issue 1: Implications of Cannabis

While some studies have been conducted to better understand the relationship between cannabis and neurological conditions, physical conditions, and mental health disorders, the strict regulation of cannabis has prevented researchers from extensively investigating its therapeutic effects. The decriminalization of marijuana would allow researchers to conduct the investigations with amounts of marijuana that was not possible before. 

However, opponents for the decriminalization of cannabis mention the overall greater use of the drug in general. With cannabis being decriminalized, public health experts have shared concerns regarding the implications of using more cannabis with a focus on high addiction rates, unsafe driving practices, and an overall decrease in wellbeing as a result of lower intelligence quotients. In the status quo, nearly 30% of people who use cannabis have a marijuana use disorder and a 10% chance of becoming addicted. In 2019, 4.7% of Americans drove under the influence of cannabis.

Issue 2: Expenditure of Government Money

By lifting some restrictions on cannabis use, the state and federal governments would save funding on the police, courts, and prisons currently used to incarcerate cannabis users and enforce cannabis restrictions. The reallocation of resources is expected to save nearly $800 million in the 2022-2023 period. The money could then be reallocated to other necessities for the government, including increasing federal benefit programs for federal prisoners. 

Critics argue that the MORE Act has hidden costs, because government spending will be required to address the implications of the bill in the long run. The resulting drugged driving and increased marijuana use among the youth would push the government to reimagine other potential laws and restrictions.

Issue 3: Businesses and Taxes

The decriminalization of cannabis allows businesses to legally open under state regulations. Critics argue that while that MORE Act may increase jobs and financial security among businesses for cannabis, the increased prices for less potent products among legal businesses would drive cannabis users to turn to the black market for high-potency, less expensive alternatives. The Congressional Budget Office and Joint Committee On Taxation estimate that in the 2022-2031 period, the U.S. revenue would increase by $8.1 billion. This would be accomplished by an occupational tax imposed on cannabis producers. The Small Business Administration would invest $1.4 billion for small businesses and for cannabis-licensing rules. A bill designed to decrease black market activity could possibly instigate a reallocation of financial resources among cannabis-related professions.